A Local Authority v XYZ (No 1) [2015] EWFC 69 (01 July 2015)

A Local Authority v XYZ (No 1) [2015] EWFC 69 (01 July 2015)

The court found, on the balance of probabilities, that R's rib injury was a non-accidental injury caused by severe squeezing by an adult. The foster carers were excluded from the pool of perpetrators based on their evidence and conduct. The Mother and the Uncle both remained in the pool of possible perpetrators as there was a real possibility either could have inflicted the injury, but the court could not identify which one was responsible. The court accepted the injury likely occurred on the day R was taken to the out of hours GP.

Citation
[2015] EWFC 69
Parties
Applicant: A Local Authority; First Respondent: X (The Mother); Second Respondent: Y (by his Guardian, G); Third Respondent: Z (the Father); First and Second Interveners: P and Q (Foster Carers); Third Intervener: U (Maternal Uncle)
Jurisdiction
England and Wales
Judgment Date
01 July 2015
Procedural Posture
Care Proceedings and Application for Placement Order / Interim Judgment Following Fact Finding Hearing
Outcome
Foster carers excluded from pool of perpetrators; Mother and Uncle remain in pool; injury found to be non-accidental but specific perpetrator not identified.
Legal Topics
Care Orders, Non Accidental Injury, Fact Finding, Pool of Perpetrators, Burden and Standard of Proof
Family Law Child Protection Care Orders Non Accidental Injury Fact Finding Pool of Perpetrators Burden and Standard of Proof

Case Brief

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Parties

A Local Authority

Applicant

X (The Mother)

First Respondent

Y (by his Guardian, G)

Second Respondent

Z (the Father)

Third Respondent

P and Q (Foster Carers)

First and Second Interveners

U (Maternal Uncle)

Third Intervener

Procedural Posture

Care Proceedings and Application for Placement Order / Interim Judgment Following Fact Finding Hearing

Legal Issues

  1. 1 Cause of rib injury to child R
  2. 2 Identification of perpetrator of non-accidental injury
  3. 3 Inclusion/exclusion from pool of possible perpetrators

Ratio Decidendi

The court found, on the balance of probabilities, that R's rib injury was a non-accidental injury caused by severe squeezing by an adult. The foster carers were excluded from the pool of perpetrators based on their evidence and conduct. The Mother and the Uncle both remained in the pool of possible perpetrators as there was a real possibility either could have inflicted the injury, but the court could not identify which one was responsible. The court accepted the injury likely occurred on the day R was taken to the out of hours GP.

Court Disposition

Foster carers excluded from pool of perpetrators; Mother and Uncle remain in pool; injury found to be non-accidental but specific perpetrator not identified.